Free Affidavit - District Court of Delaware - Delaware

Case 1:07-cv-00281-JJF Document 11 Filed 08/06/2007 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE ‘
ROBERT E. EATON, 1%
Petitioner
is ow. A. N0. 07-281-.1.1E
v.
1%
THOMAS L. CARROLL, Warden;
ATTORNEY GENERAL or= THE is
STATE OF DELAWARE, ,
Respondents 1%
A A F F 1 D A v 1 r · I E
AUG —- 6 2007 A
T DE A RE I " I `i‘i‘ ` i
S ATE OF LAW i . ,
NEW CASTLE COUNTY} VDO Sam he Id
I, Mark Kirk, do hereby attest to the following:
- (1) I have been an acquaintance ofthe above named petitioner for several years;
(2) During those years, I have witnessed Mr. Eaton’s health deteriorate, and his chronic
condition worsen to the point of incoherency; I
(3) Due to Mr. Eatorfs medical incapacity, I have assisted him with his legal filings as
much as possible;
_ (4) The Court’s Order denying`Mr. Eaton counsel in this matter poses the substantial risk
that his petition will be dismissed due to his medical incapacity and incapability of
properly briefing and litigating it ;
1

Case 1 :07-cv-00281-JJF Document 11 Filed 08/06/2007 Page 2 of 3
(5) Mr. Eaton has confided to me that the conflict of interest he had with counsel
involved a chief Delaware political figure and, therefore, needs the protection and advice
of capable counsel;
(6) Therefore, while Mr. Eaton maintains that his claims are meritous, he simply does not
have the capacity at this time to present them to the Court, so as to not have his case
dismissed;
(7) Due to my own obligations, I cannot continue to assist Mr. Eaton properly or
effectively. .
I, Mark Kirk, do hereby swear under penalty of perjury that the foregoing is true and
accurate to the best of my knowledge and recollection.
L rom - rv
» tw · [ 1 T
Sworn to and subscribed before me this lst day of August, A.D. 2007.
My commission expires fz -2-acfilg.
Notary gg Q ir
V

Case 1 2 Document 11 Filed 08/06/2007 ;Page 3 of 3
jg é " 1
5* cirifiéf lr 1
·/// ·
*2 ‘~ .;-’ ’
1 §§ij§§ ·@ 1 =.
1 5 1: -Â¥ 15 1:;; 1
- -5 g Q "E =
1 r·~1 1...: 1 Q I
H O9 0 1 1
·:-· "'I
::1 an 35
SQ ‘"=§ 1 11
5:11 E 1 1
21 1 "`E ·
:*11 fr`; *5 1
@1 Q ; 1
1 ) I W-} I
·G ‘ *::2* 1
_ J J *..3
U D L J {__} _ 1
- Z 1;:1 _ · 1
wr! E "
Jl 1,-} 1
‘ 0 I N}.- 1 ‘
._ { - ’° *5:l f. 3
z 1;:;; Q `
1;::
M l ._!u| r
E i`
=0 @ 11*-`Q1 1 ‘~
I E Q '_| ‘ 1. L \
H ` .- 1"‘Z.·'
nd Q < 1 ii
pq ¤=} g { . 1
O 8 5 E 3, 1
O § Q <1` ·~
g 11 Z \
1 1 3 —* E 5
§a2@w A